Complaint against the Government of the Philippines presented by the Kilusang Mayo Uno Labor Center
ILO Case No. 2528
Interim Report of the Committee on Freedom of Associations (CFA)
Complaint against the Government of the Philippines presented by the Kilusang Mayo Uno (KMU) Labor Center
Allegations: The complainant alleges killings, grave threats, continuous harassment and intimidation and other forms of violence inflicted on leaders, members, organizers, union supporters/labour advocates of trade unions and informal workers' organizations who actively pursue their legitimate demands at the local and national levels.
In October 31, 2006, the International Labour Office (ILO) received the communication from Kilusang Mayo Uno (KMU) Labor Center regarding the complaints.
“The acts complained of include killings, grave threats, continuous harassment and intimidation and other forms of violence inflicted on leaders, members, organizers, union supporters/labour advocates of trade unions and informal workers' organizations who are actively pursuing their legitimate demands at local and national levels. The data gathered indicate that these violations are widespread and systematically committed directly and indirectly by government agencies, instrumentalities and officers in the current civilian Government and/or in the military, including their agents which, to a large extent, effectively crushed a number of existing labour and informal workers' organizations, and if not stopped will dramatically weaken the country's trade union movement.
These acts are being committed by the Government of the Philippines, in pursuance of its neo-liberal policies of deregulation, liberalization and privatization which gravel affect the working people in order to attract foreign investment.
Specific complaints are as follows:
1) summary killings of 64 trade union leaders, members, organizers and union supporters and informal workers at the height of the Government's scheme to prevent workers and informal workers from exercising their freedom of association and their right to organize and bargain collectively;
2) abduction and enforced enforced disappearances of trade union leaders, members, organizers and union supporters and informal workers committed by elements of the military and police, not only to intimidate and/or terrorize workers and informal workers from continuing their economic and political activities, but to ultimately paralyse and render the union or organization useless;
3) harassment, intimidation, witch-hunting and grave threats committed by the military and police forces against trade union leaders, members, organizers and union supporters and informal workers;
4) militarization of workplaces in strike-bound companies or where a labour dispute exists between management and workers and where existing unions or unions being organized are considered progressive or militant, by means of establishing military detachments and/or deployment of police and military elements under the pretext of counter-insurgency operations; and
5) arrest and detention of and subsequent filing of criminal charges against trade union leaders, members, organizers and union supporters and informal workers due to their involvement and active participation in legitimate economic and political activities of trade unions and informal workers' associations. These acts directly contravene Articles 3, 5 and 11 of Convention No. 87 and Article 1 of Convention No. 98, as well as the Constitution of the Philippines.”
On June 28, 2007, the KMU received the report of the ILO on Case No. 2528. Here are some of the points raised in the report:
The ILO Committee on Freedom of Association made the following recommendations:
(a) “The Committee deplores the gravity of the allegations made in the case and the fact that more than a decade after the filing of the last complaint on similar allegations, inadequate progress has been made by the Government with regard to putting an end to killings, abductions, disappearances and other serious human rights violations which can only reinforce a climate of violence and insecurity and have an extremely damaging effect on exercise of trade union rights.
(b) The Committee requests the Government to:
(i) keep it informed of the progress of the investigation to be carried out by the special joint fact-finding body concerning the killings of trade union leaders and members and, in particular, steps taken to investigate the murders allegedly by the complainant which are listed in Appendix I. The Committee firmly trusts that the investigation and trials will proceed without delay and in full independence, so that all responsible parties may be identified and punished before the competent courts as soon as possible and a climate of impunity be avoided;
(ii) establish an independent judicial inquiry and proceedings before the competent courts as soon as possible with regard to the allegations of abductions and disappearances of trade union leaders and members which are listed in Appendix II with a view to shedding full light onto relevant facts an circumstances, and to determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events;
(iii) keep it informed of progress made in this respect.
(c) Noting that the Government is under a responsibility to take all necessary measures to have the guilty parties identified and punished – in particular by ensuring that witnesses, who are crucial for the successful identification and prosecution of suspects, are effectively protected – and to successfully prevent the repetition of human rights violations, the Committee requests the Government to take all necessary measures without delay to ensure full implementation of the recommendations of the Melo Commission with regard to: (i) the reinforcement of the Witness Protection Program; (ii) legislation to require police and military forces and other government officials to maintain strict chain-of-command responsibility with respect to extrajudicial killings and other offences committed by personnel under their command, control or authority; and (iii) orientation and training of the armed forces.
(d) Deeply regretting the involvement of the army and police in ending the strike in the Hacienda Luisita incident which claimed the lives of at least seven trade union leaders and members and led to the injury of 70 others, the Committee requests the Government to take all necessary measures so as to have an independent investigation carried out into this incident, with a views to identifying and punishing those responsible without further delay, It also requests the Government to give adequate instructions to the law enforcement authorities so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations. The Committee requests to be kept informed in this respect
(e) Expressing concern at the prolonged presence of the army inside workplaces which is liable to have an intimidating effect on the workers wishing to engage in trade union activities and to create an atmosphere of mistrust which is hardly conducive to harmonious industrial relations, the Committee requests the Government to take measures, including the issuance of appropriate instructions, to bring to an end prolonged military presence inside workplaces.
(f) The Committee requests the Government to give appropriate instructions so as to ensure that any emergency measures aimed at national security do not prevent in any way the exercise of legitimate trade union rights and activities, including strikes, by all trade unions irrespective of their philosophical or political orientation, in climate of complete security. The Committee requests to be kept informed in this respect.
(g) The Committee requests the Government to give specific instructions without delay so as to ensure the strict observance of due process guarantees in the context of any surveillance and interrogation operations by the army and police in a way that guarantees that the rights of workers’ organizations can be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. The Committee requests to be kept informed in this respect.
(h) The Committee requests the Government to provide its comments in respect of allegations of harassment and intimidation of trade union leaders and members affiliated to the KMU.
(i) The Committee requests the Government to communicate the texts of any judgements handed down in the cases of Crispin Beltran, long time KMU leader, as well as five members of the NFSW who were arrested, and to ensure that all relevant information is gathered in an independent manner so as to shed full light on their situation and the circumstances surrounding their arrest. Should it be determined by the court that they were arrested in relation to trade union activities, the Committee requests the Government to take the necessary measures that they are immediately released.”
The Committee on Applications of Standards also discussed the complaint of the KMU and made the following conclusions:
“The Committee took note of the statement by the Government representative and the debate that followed. The Committee observed that the Committee of Experts’ comments referred to serious allegations of murder of trade unionists, anti-union violence in the sugar sector, death threats to discourage union formation in an economic zone and impunity relating to the killings of workers. The Committee also noted that the Committee of Experts had been referring for many years to the need to amend the Labour Code to bring it into conformity with the Convention.
The Committee noted the Government’s statement according to which, following recommendations of the Melo Commission established to investigate the rising number of extra-judicial killings, 99 regional tribunals have been designated to expeditiously resolve the cases. The Government also referred to the increasing numbers of unions in special economic zones and the recent passage of an Act strengthening the workers’ right to self-organization.
Deeply concerned at the allegations of the murders of trade unionists, the Committee emphasized that respect for basic civil liberties is essential for the exercise of freedom of association. While noting the initial steps taken by the Government to address this serious situation through the establishment of the Melo Commission and the subsequent creation of special regional tribunals, the Committee, concerned at the absence of judgements against the perpetrators and instigators of these crimes, stressed the importance of ensuring that all instances of violence against trade union members are properly investigated and that any evidence of impunity is firmly combated to ensure the full and free exercise of trade union rights and their accompanying civil liberties. The Committee urged the Government to ensure that all necessary measures are taken, including through the creation of independent and impartial investigations, so as to restore a climate of complete freedom and security from violence and threats thus enabling workers and employers to fully exercise their freedom of association rights.
While noting with interest the information provided by the Government on certain recently adopted amendments to the Labour Code, the Committee urged the Government to take measures to ensure, in full consultation with the social partners concerned, that further amendments are adopted in the very near future taking into account the comments made by the Committee of Experts for many years. It requested the Government to provide precise information on all the points raised, including as regards the impact of the Anti-Terrorism Act upon the application of the provisions of the Convention, and copies of all relevant legislative texts in a report to the Committee of Experts. The Committee requested the Government to accept a high-level ILO mission so as to obtain a greater understanding of all aspects of this case. The Committee expressed the firm hope that it would be in a position to note tangible progress in the application of the Convention both in law and in practice in the near future.”
We have attached the full text of the report of the Committee on Freedom of Associations here and Committee on the Applications of Standards here. Click here for updates on the ILO complaint.